Category: Vexatious Litigants

A mother is not bound by a pre-filing order that applies to her vexatious-litigant son, since her own filing sought relief on behalf of herself as well as the son. Distinguishing Say & Say, Inc. v. Ebershoff (1993) 20 Cal.App.4th 1759 on the ground that it involved an alter ego corporation that was not a…

A vexatious litigant pre-filing order applies to the litigant’s petition for a writ of administrative mandamus to challenge the decision in an administrative proceeding commenced against him. Even though a pre-filing order under the vexatious litigant statute does not apply to an appeal by the vexatious litigant in a case in which he is sued…

A defendant cannot be deemed a vexatious litigant under CCP 391(b)(4) for having been sued on the same facts by someone else. CCP 391(b)(4) defines “vexatious litigant” to include a person found by any state or federal court to be a vexatious litigant in an action involving substantially similar facts to the case before the…

A court may expand a vexatious litigant pre-filing order to bar new suits or appeals even if filed by an attorney if the litigant has evaded the prior pre-filing order by using an attorney to file more frivolous litigation. A court may expand a pre-filing order issued against a person already found to be a…

A vexatious litigant pre-filing order under CCP 391.7 prevents appeals by plaintiffs, but not by defendants. While a plaintiff who has been deemed a vexatious litigant and is subject to a pre-filing order under CCP 391.7 may not file an appeal without prior leave from the presiding justice of the Court of Appeal, such a…

Plaintiff was properly deemed a vexatious litigant because, despite the court’s warning, she filed a third meritless motion attacking a final judgment from which she had not appealed. A trial court’s order deeming plaintiff a vexatious litigant was supported by substantial evidence. After a final judgment was entered and the appeal time had run, plaintiff…